Yvonne Watts High Court challenge is a test case

Bedford grandmother Yvonne Watts, 72, was told last October she would have to wait up to a year for the surgery, despite constant pain.

Three weeks ago she flew to France to have the operation which cost her £3,800.

Mrs Watts, who urgently needs surgery on her other hip, accused Bedford Primary Care Trust and Health Secretary Alan Milburn of unlawfully refusing to sanction the cost of the operation.

Mr Justice Munby heard Mrs Watts had been in severe pain from rapidly-deteriorating osteoarthritis.

Not necessary

The waiting list for treatment was 15 months.

She paid for a private consultation and put pressure on Bedford Primary Care Trust to move her up the list, but she would still have had to wait more than eight months.

When she applied for authorisation to go abroad for treatment under the NHS's E112 certificate scheme, the trust told her it was not necessary because it was meeting the government's target waiting time of 15 months for in-patient treatment.

Her counsel, Richard Gordon QC, argued that to decide the issue of "undue delay" by reference to the waiting list target was wrong.

The effect was to prevent Mrs Watts from receiving treatment at an early stage despite the urgent clinical need for it.

That was why she went abroad and was now seeking restitution of her expenses - and future funding for replacement of the other hip.

The hearing continues.